Does child services have the right?

[CrazyWhovian73]

What is the name of your state (only U.S. law)?

 

[I'mTheFather]

Try it again, but don't hit preview before posting.

 

[CrazyWhovian73]

The actual situation.

Here is the actual question I am trying to get answered. Sorry but I couldn't post above.

This may seem like an odd situation but I assure you, it's true. When my daughter was 7 ( she's 12 now ) her birth mother convinced her to tell a teacher that her step mothers brother had touched her, she gave her details on what to say. He was arrested, all of his laptops were confiscated and searched, she was seen by medical professionals and counselors that were approved by the court. After finally realizing why she wasn't seeing her uncle anymore, she felt bad and told the truth, that nothing had happened. We contacted the detective investigating who said he had found absolutely nothing incriminating on his laptop, the doctors who examined her, reported that their were no signs of any physical contact to show that she was ever touched in any way. She admitted to her counsel about what her mom had her say and all these people ( detective, doctor and counselor ) recommended that all charges be dropped, and the courts agreed and so they were.
Okay now the issue and the question.
It's five almost six years later and somebody made one of those cowardly anonymous child services calls because they felt she was neglected because her pants had a hole by the knee. The child services lady after her walkthrough of our home and determined that there was nothing wrong and the kids were well taken care of. Then before she left, she decided to tell us that my kid's uncle is not allowed around them and if he is, she will remove them from our home. That was NEVER a stipulation set by the courts and when I pointed that out to her she said these exact words. " It doesn't matter what any of them said, we have insurmountable evidence that proves he is guilty of all charges. " I asked what proof but she would not tell me, she just gave the threat again.
Here are my questions, does she have that right, to make that demand of us? And if they really had all this insurmountable evidence, why would they have agreed to release him?
This has thrown our family into a turmoil and the kids are devastated and we are living in fear of losing the kids. Any advice would be great. Thank you.

 

[I'mTheFather]

Unfortunately, she can make your life hell even if it turns out she's wrong. Best to get an attorney involved now.

 

[CrazyWhovian73]

that's a problem, we can't afford an attorney.

 

[I'mTheFather]

You neglected to list your state, but if you google legal aid for your area you may find some helpful links.

 

[CrazyWhovian73]

Oh sorry, thought I put that. I am in Missouri. I will look into the legal aid, thank you.

 

[FarmerJ]

Do not forget you can learn who this persons supervisor is and go over that persons head with a formal complaint and it would not hurt to know who the next one is up the chain too .

 

[Ohiogal]

She can't remove them without a court order. She has NO POWER to dictate anything legally.

 

[Just Blue]

Here is the actual question I am trying to get answered. Sorry but I couldn't post above.

This may seem like an odd situation but I assure you, it's true. When my daughter was 7 ( she's 12 now ) her birth mother convinced her to tell a teacher that her step mothers brother had touched her, she gave her details on what to say. He was arrested, all of his laptops were confiscated and searched, she was seen by medical professionals and counselors that were approved by the court. After finally realizing why she wasn't seeing her uncle anymore, she felt bad and told the truth, that nothing had happened. We contacted the detective investigating who said he had found absolutely nothing incriminating on his laptop, the doctors who examined her, reported that their were no signs of any physical contact to show that she was ever touched in any way. She admitted to her counsel about what her mom had her say and all these people ( detective, doctor and counselor ) recommended that all charges be dropped, and the courts agreed and so they were.
Okay now the issue and the question.
It's five almost six years later and somebody made one of those cowardly anonymous child services calls because they felt she was neglected because her pants had a hole by the knee. The child services lady after her walkthrough of our home and determined that there was nothing wrong and the kids were well taken care of. Then before she left, she decided to tell us that my kid's uncle is not allowed around them and if he is, she will remove them from our home. That was NEVER a stipulation set by the courts and when I pointed that out to her she said these exact words. " It doesn't matter what any of them said, we have insurmountable evidence that proves he is guilty of all charges. " I asked what proof but she would not tell me, she just gave the threat again.
Here are my questions, does she have that right, to make that demand of us? And if they really had all this insurmountable evidence, why would they have agreed to release him?
This has thrown our family into a turmoil and the kids are devastated and we are living in fear of losing the kids. Any advice would be great. Thank you.

There are attorneys that are willing to help you with little or no cost. I REALLY suggest you try to find one. Start with a Civil Rights attorney...If s/he can't assist s/he could perhaps direct you to another that can.

Good Luck
Blue

 

[OHRoadwarrior]

Unfortunately, not all vermin can be removed from your home by an exterminator with a law degree. If practical, after an initial infestation has been curtailed, it is sometimes advisable to move into another state or county out of the nesting ground of that particular family of vermin.

 

[Ohiogal]

Unfortunately, not all vermin can be removed from your home by an exterminator with a law degree. If practical, after an initial infestation has been curtailed, it is sometimes advisable to move into another state or county out of the nesting ground of that particular family of vermin.

That sometimes doesn't stop them in some areas. At least not according to recent caselaw in Ohio.

 

[OHRoadwarrior]

That sometimes doesn't stop them in some areas. At least not according to recent caselaw in Ohio.

I know, I am referring to times when there is no active investigation. Your expertise on clarification would be an asset.

 

[stealth2]

Unfortunately, not all vermin can be removed from your home by an exterminator with a law degree. If practical, after an initial infestation has been curtailed, it is sometimes advisable to move into another state or county out of the nesting ground of that particular family of vermin.

You're not suggesting OP flee jurisdiction, surely. Especially not with the child. Right?

 

[Ohiogal]

You're not suggesting OP flee jurisdiction, surely. Especially not with the child. Right?

Well that should definitely not be the advice -- fleeing that is. But if he wanted to move to another county after informing the court and going through proper notifications as required under the law, he could. He also shouldn't cooperate with CSB again unless they have a court order.